In an action by the estate of a beneficiary of a trust and the charitable organization to which she attempted to appoint her share of the trust against the trustees for breach of fiduciary duty for failing to create a … Continue reading
Tag Archives: Statute of limitations
Based upon a copy of a will alleged to have been signed before the will that was probated, the petitioners attempted to claim the proceeds of sale of real property in Turkey that was sold by the guardian of the … Continue reading
Under the “relation back” doctrine, a lawsuit filed on behalf of an estate by the person appointed as the executor by the decedent’s unprobated will is timely if filed before the statute of limitations has expired even though the petition … Continue reading
Husband was alleged to have improperly converted assets held jointly with his wife into his own name before his death. An action by the estate of the deceased wife against the estate of the deceased husband was not barred by … Continue reading
Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
The decedent’s former wife and her sister had lent large amounts of money to the decedent for his support, and there were written communications sufficient to show an oral contract for enforceable claims against the decedent which were not barred … Continue reading
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … Continue reading
A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading
In an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading
Action for personal injuries brought by an estate is untimely, and the statute of limitations will not be extended by a period within which the decedent might not have known that her automobile accident injuries were serious enough to qualify … Continue reading